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The Indiana Court of Appeals ordered more proceedings on a negligence lawsuit filed by an Indiana Department of Correction inmate after he fell and injured himself. In the decision, the judges also decided that prison operators are subject to liability in much the same manner as other private actors.
There are genuine issues of material fact as to whether Duke Realty, involved in a dispute over a land agreement with a Parr Richey Obremskey & Morton partner, intentionally induced the firm to terminate Carol Sparks Drake’s partnership agreement and whether that interference was justified, the Indiana Court of Appeals ruled Wednesday.
The Indiana Tax Court Tuesday reversed the determination that a man could not receive the homestead standard deduction on his Fountain County property because the decision is unsupported by evidence. The Indiana Board of Tax Review’s conclusion that the property was not Roderick Kellam’s principal place of residence was contrary to law.
Indiana Court of Appeals
Robert Jackson v. State of Indiana (NFP)
48A05-1303-CR-148
Criminal. Affirms denial of motion to withdraw guilty plea.
Raymond B. Baker v. State of Indiana (NFP)
24A01-1304-CR-163
Criminal. Affirms convictions of two counts of Class D felony neglect of a dependent.
Dabian Dorion Boyd v. State of Indiana (NFP)
71A04-1304-CR-174
Criminal. Affirms murder conviction.
Sheryl A. Payne v. Thomas L. Payne (NFP)
23A01-1305-DR-204
Domestic relation. Affirms denial of wife’s motion to correct error after her request for spousal maintenance was denied.
Jessica L. Rhye v. State of Indiana (NFP)
18A02-1303-CR-248
Criminal. Affirms conviction of Class D felony possession of reagents or precursors with intent to manufacture a controlled substance.
Kennith Howard v. Erica Lofton (NFP)
49A05-1302-DR-43
Domestic relation. Affirms denial of Howard’s motion to reconsider and set for hearing, and his motion to correct error and relief from judgment from his dissolution proceeding with Lofton.
Aaron Edward Belcher v. State of Indiana (NFP)
45A05-1305-CR-225
Criminal. Affirms convictions of one count each of Class B felony burglary, Class C felony escape, Class D felonies confinement and possession of a narcotic drug, and Class A misdemeanor resisting law enforcement and possession of marijuana.
Timothy D. Driscoll, Jr v. State of Indiana (NFP)
82A05-1303-CR-147
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
David Didion and Kristi Didion as Parents and Legal Guardians of Brayden Didion v. Auto-Owners Insurance Company
27A02-1303-PL-232
Civil plenary. Affirms summary judgment in favor of Auto-Owners Insurance Co. on its complaint seeking a declaratory judgment that it had no liability for a dog bite on an insured’s property. The person living at the property was not an insured and Auto-Owners was not given timely notice of the dog bite and injury pursuant to the terms of the policy.
The Indiana Supreme Court granted transfer to three cases last week, including a lawsuit filed by parents after their severely disabled daughter died at school as a result of choking on food.
The Indiana Court of Appeals upheld summary judgment in favor of Auto-Owners Insurance Co. on the issue of whether it had liability to cover the damages sought by the parents of a boy bit by a dog on the insured’s property. The person residing at the home, whose dog bit the boy, was not considered an insured under the policy.
The Commission on Improving the Status of Children, created during the 2013 legislative session, announced its executive committee Tuesday. The committee includes Indiana Justice Loretta Rush, who also serves as commission chair.
Indiana Court of Appeals
John Aaron Schoultz III v. State of Indiana (NFP)
36A01-1301-CR-9
Criminal. Affirms convictions of two counts of Class A felony conspiracy to commit murder and 40-year sentence.
Jacob Phipps v. State of Indiana (NFP)
48A05-1303-CR-129
Criminal. Affirms order revoking probation and order Phipps serve the entirety of his previously suspended sentence.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.R., Minor Child and His Father, V.R. v. Marion County Department of Child Services and Child Advocates, Inc (NFP)
49A04-1304-JT-156
Juvenile. Affirms involuntary termination of father’s parental rights.
Edward R. Hoffman v. State of Indiana (NFP)
18A02-1307-PC-587
Post conviction. Affirms denial of petition for post-conviction relief.
Jon Alan Young v. State of Indiana (NFP)
18A05-1303-CR-125
Criminal. Affirms 30-month sentence following guilty plea to Class D felony strangulation.
Willie L. Montgomery v. State of Indiana (NFP)
82A05-1305-CR-246
Criminal. Dismisses on interlocutory appeal the denial of motion to dismiss a charge that Montgomery failed to register as a sex or violent offender.
Pamela J. (McConnell) Neal v. David A. McConnell (NFP)
33A01-1305-DR-202
Domestic relation. Affirms modification of child custody, reverses modification of child support and remands for proceedings consistent with the opinion.
Lori A. Cissom v. Review Board of the Indiana Department of Workforce Development and Supreme Indiana Operations, Inc (NFP)
93A02-1304-EX-404
Agency action. Affirms denial by the Review Board of the Indiana Department of Workforce Development of Cissom’s request to reinstate appeal of denial of claim for unemployment benefits.
Joshua Wilson v. State of Indiana (NFP)
33A01-1305-CR-205
Criminal. Affirms sentence following guilty plea to Class D felony theft and Class B misdemeanor criminal mischief.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Court of Appeals
Lagro Township and Karen Pinkerton Tatro v. George E. Bitzer and Zelma E. Bitzer
85A02-1306-PL-520
Civil plenary. Affirms summary judgment for the Bitzers on Lagro Township’s action seeking to exercise control over an area of land referred to as “the Belden Cemetery,” which is located on land owned by the Bitzers. The statute authorizing a township trustee to exercise control over cemeteries located within the township is inapplicable where the cemetery is located on land on which property taxes have been paid. And here, even though there was a genuine issue of material fact with regard to whether and to what extent the dedication of the Belden Cemetery to the public was accepted by the public through usage, there is no genuine issue of material fact with regard to the Bitzers’ payment of property taxes on the land on which the Belden Cemetery is located for decades. For this reason alone, the township’s claims of authority over the Belden Cemetery must fail.
Because a couple had paid taxes on the land where a cemetery existed since 1967, the township did not have authority under Indiana law to exercise control over that cemetery, the Indiana Court of Appeals affirmed Monday.
Twenty-four additional school corporations have joined the lawsuit filed in October by the state of Indiana and 15 school corporations against the Internal Revenue Service challenging the tax penalties that could be imposed in 2015 under the “employer mandate” of the Affordable Care Act.
Eleven counties have joined the original eight participating in Indiana’s Juvenile Detention Alternatives Initiative, the Indiana Supreme Court announced Monday. The expansion will extend JDAI services to 56 percent of juveniles from 10 to 17 years old.
Two opportunities remain in December to receive CLE through Indiana Lawyer's "Practicing Law in Indiana" series.
On Dec. 19, the annual Federal Civil Practice Update – Southern District of Indiana will be presented from 1:30 to 4:45 p.m. at Barnes & Thornburg's downtown Indianapolis office. This program offers three hours of CLE credit, and a brief reception will follow.
Chaired by Barnes & Thornburg partner John Maley, this popular program features presentations by Chief Judge Richard Young, Magistrate Judge William Hussmann and Magistrate Judge Denise LaRue of the Southern District; Magistrate Judge Roger Cosbey of the Northern District; Donald Wall, counsel to the Circuit executive of the 7th Circuit Court of Appeals; and Laura Briggs, clerk of the Southern District.
On Dec. 20, a video replay of this year's sold-out Ethics CLE program, will be presented at Bingham Greenebaum Doll's downtown Indianapolis office from 9:30 to 11:45 a.m. This program offers two hours of CLE ethics credit.
The video replay features a presentation chaired by BGD partner James Bell and includes talks by G. Michael Witte and Dennis McKinney of the Indiana Disciplinary Commission, Barnes & Thornburg partner Donald Lundberg, and attorney Jon Pactor.
To learn more about either of these presentations or to register, visit the Indiana Lawyer events page or contact Kelly Lucas at [email protected].
A coalition of 14 states, including Indiana, are headed to the Supreme Court of the United States Dec. 10 to argue that the U.S. Environmental Protection Agency has overstepped its authority, again, in trying to regulate air pollution in upwind states.
The family battle over the southern Indiana amusement park, Holiday World and Splashin’ Safari, could be moving to the Indiana Supreme Court.
Indiana Court of Appeals
Tracy L. Oedzes v. Bryan S. Oedzes (NFP)
45A03-1302-DR-67
Domestic relation. Affirms denial of Tracy Oedzes’ motion for rule to show cause alleging her ex-husband violated the terms of their divorce decree.
The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Everett Sweet v. State of Indiana
35A02-1305-PC-451
Post conviction. Affirms denial of Sweet’s pro se petition for post-conviction relief. He argued had he not received ineffective counsel on his motion to suppress, the state’s evidence against him would have been suppressed and he would not have pleaded guilty to Class B felony dealing in methamphetamine. This is not a permissible basis to collaterally attack a guilty plea in Indiana.
The Indiana Court of Appeals reversed the revocation of a Sullivan County woman’s probation, finding the state didn’t demonstrate that Michelle Orr Carpenter took a barbiturate while on probation.
The Indianapolis Bar Association’s Paralegal Committee has collected 5,731 stuffed animals from area paralegals for emergency responders to give to children after a traumatic event, the IndyBar announced Thursday.